Question #2: R. Tam rules like R. Yehudah, like I explained in Gitin (7b). If so, there is a contradiction in the Halachah, for here the Halachah does not follow R. Yehudah, like it says below (3b) that no one is concerned for R. Yehudah's opinion that partnership of a Nochri is obligated!

Answer #2 (to Question (a)): We compare only what the Gemara compares, like the case of "Besulah" - even some Besulim (e.g. a Bogeres, whose Besulim are diminished - Yevamos 59a), that the Gemara in Kesuvos (97b) compares this to the argument about if some of the money [of the Kesuvah that a widow is owed] is like all of the money;

Those resemble each other. It is one matter. When Besulim are diminished and some remain, it is as if all of them remain. Similarly, when some money of the Kesuvah remains, she is fed [from the estate] as if all of it remains.

And there are many Drashos that we should not equate, [e.g.] "Seh", even a partial Seh (it was crossbred with something else) which R. Elazar and Rabanan argue about it in Chulin (79b, 132a) and the argument of R. Yehudah ben Beseira and Rabanan about "Kol Nefesh."

And even if we will equate those that resemble each other to [the Drashah] here, it is not difficult that here [the Gemara] rules unlike R. Yehudah and there it says that no one is concerned for R. Shimon's opinion, that we do not say that some of the money is like all of the money...

Answer #3: R. Yehudah does not contradict himself, for the Stam verse discusses a Stam animal, which is of Yisrael, and a Nochri has no partnership in it. Therefore, if not for "Kol", we would establish the verse to discuss a total Bechor;

Alternatively, it is because it says "Kol Bechor b'Yisrael", and "b'Yisrael" connotes totally, like it says in Yevamos (102a) "and [to be a judge] for Chalitzah, his father and mother must be from Yisrael", but elsewhere, it properly connotes part.

Observation: In Temurah (11b) the text says oppositely regarding one who says "the leg of this [animal] is an Olah." (Rav Chisda says that if removal of the limb Hukdash would make it Tereifah, the entire animal is an Olah, and Rava says so if its removal would make it Neveilah.) This is among texts that are opposite [in different Gemaros].

Assertion: The text there is primary, for Rav Chisda said that R. Yehudah agrees about something [whose removal] makes it Tereifah. Rava says, [he agrees if] it makes it Neveilah. Rav Sheshes said, something that it dies [immediately] due to it. Each one adds to his colleague [who said before him].

Support: We find like this in Nidah (23b) regarding an Atum body (there is no Tum'as Yoledes for such a baby. Atum is when it is lacking (or formless) at the bottom, to the point that a person cannot live if this is missing). One says that this is until the knee, one adds until the rectum, and one adds until the navel.

והא דאמר רבא התם ושטו נקוב אמו טמאה לידה

(d)

Implied question: Rava said there that if [a baby is born with] a punctured Veshet (foodpipe), his mother has Tum'as Leidah (even though this is a Tereifah. Here, Rava says that a Tereifah cannot live! This would be fine if the text here was "Rabah".)

Answer: Even if the text in our Sugya is "Rava", because he was after Rav Chisda, Rava does not contradict himself. There, even though a punctured Veshet is Tereifah, it is unlike what is lacking until the thigh.

1.

Note: Mayim Kedoshim says that if the text says Rabah, he should have been taught before Rav Chisda, for he was older. I question this. In Bava Metzi'a (18b), Rav Chisda told Rabah "tomorrow, Rav Huna will ask you..." It seems that Rav Chisda was already an established Talmid of Rav Huna. Rabah could not have been much older than Rav Chisda, for Rabah died at 40 (and Rav Chisda at 92 - Mo'ed Katan 28a), and Rabah was Rosh Yeshivah for 22 years (Brachos 64a), after Rav Yehudah died (Rashi Gitin 60b), so he was 18 at the time, and even younger in the days of Rav Huna, who died before Rav Yehudah (Tosfos below, 14a)! Igeres Rav Sherira Gaon says that Rav Chisda died 11 years before Rabah. If so, he was born 63 years earlier (since he lived 52 years longer)! We cannot say that Rabah was Rav Chisda's Rebbi, for Rav Chisda said "you", without a title of respect. I prefer to explain that according to our text, the Amora'im said "a missing ear, Neveilah, Tereifah." This is not in ascending order, and not descending order. Granted, if the text here is "Rava", we can say that the Gemara wanted to teach the opinions of the older Chachamim first. However, if it says Rabah, Rav Chisda's colleague, why was Rav Chisda's opinion brought first?! However, Tosfos in Menachos (106a DH Rabah) connotes that normally, Rabah should be taught before Rav Chisda. This requires investigation.

3)

TOSFOS DH Ha d'Rav Huna v'Rav Chisda v'Rava Lo Pligi

תוספות ד"ה הא דרב הונא ורב חסדא ורבא לא פליגי

(SUMMARY: Tosfos points out that there is surely an argument.)

הא פשיטא דרב חסדא ורבא פליגי

(a)

Implied question: Obviously, Rav Chisda and Rava argue!

אלא ה''ק הא דרב הונא לא פליגא אדרב חסדא ורבא

(b)

Answer: It means that Rav Huna does not [necessarily] argue with Rav Chisda and Rava.

4)

TOSFOS DH Mai Shena mi'Nefalim

תוספות ד"ה מ''ש מנפלים

(SUMMARY: Tosfos points out that there is a reason to distinguish.)

אע''ג דהתם כתב קרא

(a)

Implied question: [Nefalim are different,] for there is a verse (Peter Sheger Behemah)!

Question: Below (53a) it asks about Ma'aser Behemah, that it does not apply nowadays, lest people come to Takalah (transgress). If so, also Bechor should not apply nowadays, due to Takalah! It answers that it is possible to do like Rav Yehudah (blemish a Bechor before it leaves the womb);

אמאי לא משכחת תקנה באמהות כדפרישית

1.

Why doesn't it find a solution through [selling the ear of] the mothers, like I explained?

Answer #1: There, since there is concern for Takalah, and they can fix it without uprooting from the Kohen, that they do like Rav Yehudah (the law of Bechor applies to a Ba'al Mum, and it is given to a Kohen to eat like Chulin), they did not want to enact to always do so through Hafka'ah. However, if he did so, he did so.

Answer #2: In the days of Rav Mari they were experts to blemish a Bechor before it enters the world (is born), so it was forbidden [to evade the chance of Takalah] through Hafka'ah. We are not experts to do so, so it is better to sell to a Nochri rather than to come to [chance of] Takalah.

[It would be forbidden,] if not that Rav Yehudah's [solution] is better, to blemish it before it enters the world, for [if not] one would need to wait until a Mum comes by itself (and there is chance of Takalah, lest one blemish it or benefit from it).

Assertion: It suffices to sell the ear alone, for we hold like Rav Huna, since R. Yochanan holds like him, since he says [that if removal of the Nochri's share would make] even a minor Mum [it is exempt].

ורב מרי נמי דמקנה אזנייהו לא נענש אלא משום הפקעה

(j)

Support #1: And also Rav Mari, who used to sell the ear, was punished only due to Hafka'ah (but not because they still had Kedushah).

Support #2: And below (53a) [the Gemara] asks that he should be Makneh them for their ears to a Nochri, and (even according to the opinions that this does not exempt), the most [that anyone requires to exempt] is Hakna'ah of something [whose removal] makes it Tereifah or Neveilah.

Implied question: According to the version that explains that Rav Mari was punished because he knew how to be Makneh, but others did not, and they thought that he did a mere Milsa (this will be explained), and people will come to Takalah (why do we do so nowadays)?

Answer #1: Also this we can explain that Rav Mari, who was expert to do like Rav Yehudah, he should not have done in a way that people will come to err. However, we [who are not expert] have no other way [to avoid Takalah].

Answer #2 (R. Tam): Rav Mari was not Makneh the ear of the fetus to a Nochri, which is Davar she'Lo Ba l'Olam (normally, such a Kinyan is invalid), but he was Makneh the [mother] animal for the ears of the fetus, like [Hakna'ah of] a date tree for its Peros (in this way, the Kinyan is valid);

וטעה אינש ואמר אזני עובר היה מקנה כמו פירות דקל ואתי לידי תקלה

1.

A people would err and say that he was Makneh the ears of the fetus to a Nochri, which is [an invalid Kinyan,] like Peros of a date tree, and he would come to Takalah.

אבל כי מקנה אזני הבהמות שרי דלא אתי למיטעי

2.

Distinction: However, when one is Makneh the ears of the [mother] animal it is permitted, for people will not come to err.

Limitation: According to Rashi, one cannot explain so, for he explains that Rav Mari knew to make an absolute Kinyan, to take coins from the Nochri, for a Nochri acquires only through money, like it says below (13a). People thought that he does a mere Milsa (verbal Kinyan), and does not take money.

Objection: Also according to [Rashi's] Perush (that people will err about the need for a Kinyan), he should not have mentioned money, for just the contrary, according to R. Yochanan, who says that mid'Oraisa money acquires, he expounds below (13b) that from your fellow [Yisrael you acquire] through money, but [one is Makneh] to a Nochri via Meshichah, and we hold like R. Yochanan! (Rashi should have said that Rav Mari knew that the Nochri must do Meshichah, and others would be Makneh without Meshichah.)

Question: Without the Kal v'Chomer, we should already know from R. Yochanan ben Zakai's answer to the officer, that he answered (5a) that the [missing] 300 were Bechoros, and a Bechor does not uproot a Bechor [from the need to redeem himself], for it suffices that he exempts himself. This shows that he exempts himself!

י''ל אי לאו ק''ו מצינו לשנויי אותן ג' מאות בכורות היו והוצרכו פדיון

(b)

Answer: If not for the Kal v'Chomer, we could have answered that the 300 were Bechoros, and they needed redemption.

וכי תימא א''כ למנינהו בהדי שלשה ושבעים ומאתים העודפים

(c)

Question: If so, they should have been counted with the 273 extra [Bechoros Yisrael above the number of Leviyim]!

מצי למימר לא (הוחזק) [צ"ל הוזקק] הכתוב למנות אלא דישראל לחודייהו:

(d)

Answer: One could say that the Torah needed to count only the Yisrael [Bechoros, for only some of them needed Pidyon. It did not need to count the Levi Bechoros, for all of them needed to redeem themselves - Shitah Mekubetzes 4a(2).]